Legal Opinion

Rufus A. Garrett, Administrator of the Estate of Ronald Keith Garrett v. United States

Court of Appeals for the Sixth Circuit

Decided February 5, 1981No. 79-1355PublishedCited by 63 opinions

1Per curiam

This appeal presents the question of when the statute of limitations under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), begins to run. 1 Senior District Judge Thomas P. Thornton found that appellant failed to file an administrative claim within the statutory period, measured from the date of the death of appellant’s decedent, and dismissed the complaint. We affirm.

Appellant’s decedent died on May 5,1976, while he was an inmate of the Federal Correctional Institution, Leavenworth, Kansas. On February 22, 1978, counsel for appellant filed in the U. S. District Court for the Eastern…

2Cases cited7 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  4. Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
  5. Kendall v. United StatesSupreme Court of the United States · 1883

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3Cited by63 opinions

  1. Ashbrook v. BlockCourt of Appeals for the Sixth Circuit · 1990
  2. Angelo M. Diliberti v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1987
  3. In Re Swine Flu Products Liability Litigation.Court of Appeals for the Ninth Circuit · 1985
  4. Diaz v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
  5. Arctic Slope Native Association, Ltd. v. SebeliusCourt of Appeals for the Federal Circuit · 2009

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